ANALISIS PENETAPAN PENGADILAN AGAMA NOMOR 78/Pdt.P/2024/PA.PBun TENTANG PEMISAHAN HARTA DALAM PERKAWINAN

Abstract

Constitutional Court Decision Number 69/PUU-XIII/2015 broadened the legal framework for marital agreements by allowing them to be concluded before, at the time of, or during marriage. This development has raised legal issues regarding judicial reasoning in granting postnuptial property separation requests and the resulting legal consequences for spouses and third parties. This study aims to analyze the judges' considerations in Religious Court Determination Number 78/Pdt.P/2024/PA.PBun and its legal consequences. The research employs a normative legal method using statutory, case, and conceptual approaches. Legal materials were analyzed prescriptively through deductive reasoning. The findings show that the court granted the application based on its authority, the applicants' legal standing, the evidence presented, and the application of Constitutional Court Decision Number 69/PUU-XIII/2015. However, the judges' reasoning remains predominantly descriptive and does not fully address the philosophical basis of the Constitutional Court's decision, the principle of freedom of contract, and the protection of third parties. The determination converts joint marital property into separate property while remaining binding on third parties only after the statutory registration requirements have been fulfilled.